Accidents Injuries Legal Terms Glossary
Navigating Accident and Injury Cases: A Comprehensive Glossary of Key Legal Terms
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- Aggravated DamagesAdditional compensation awarded in civil cases for egregious conduct by the defendant intended to punish and deter similar behavior beyond ordinary compensatory damages.
- Apportionment of liabilityThe legal process of allocating responsibility for damages among multiple parties involved in a civil case is based on their degrees of fault or respective contribution.
- Assumption of RiskA legal defense in negligence cases where the defendant argues that the plaintiff knowingly and voluntarily accepted the risks associated with the activity.
- Attractive Nuisance DoctrineA legal principle holds property owners liable for children's injuries caused by hazardous conditions on their property that are likely to attract curious minors.
- Breach of DutyA failure to meet the required standard of care, violating the legal duty owed.
- Class Action LawsuitA legal procedure allowing a large group of plaintiffs with similar claims to sue a defendant collectively streamlines the judicial process and increases efficiency.
- Collateral Source RuleA rule that prevents the consideration of payments or benefits received from third parties when determining damages in a personal injury case.
- Comparative NegligenceLegal doctrine that assigns fault and reduces compensation based on the plaintiff's degree of responsibility for their own injury.
- CompensationFinancial reimbursement awarded to an injured party to cover losses resulting from an accident or injury, including medical expenses, lost wages, and pain and suffering.
- Contributory NegligenceA legal principle bars plaintiffs from recovering damages if they are partially responsible for the injury or harm they suffered in injury, regardless of the defendant's degree of fault in the incident.
- DamagesMonetary compensation awarded to a plaintiff for losses or injuries suffered due to another party's negligence or wrongdoing.
- Dram Shop LawLegal statutes holding alcohol-serving establishments liable for injuries caused by intoxicated patrons aim to promote responsible serving practices and reduce alcohol-related accidents.
- Duty of CareA legal obligation to exercise reasonable care while performing acts that could foreseeably harm others.
- Duty to WarnA legal obligation requiring manufacturers, sellers, or others to provide adequate warnings about any potential dangers associated with their products or services to consumers or users.
- Informed ConsentPatient's voluntary permission for medical treatment after full disclosure of risks, benefits, and alternatives.
- Intentional TortA civil wrong resulting from a deliberate act by the defendant to cause harm or offense to another person, regardless of the resulting damage.
- LiabilityThe legal responsibility of any individual or entity for their actions or inactions that may result in an obligation to compensate others for damages or injuries.
- Loss of ConsortiumA legal claim for damages due to deprivation of familial benefits, typically between spouses, including companionship, affection, and sexual relations, caused by wrongful injury.
- Loss of Earning CapacityThe reduction in a person's ability to earn future income due to injury or disability, as compared to their pre-injury earning potential.
- Medical MalpracticeNegligence by a healthcare professional that deviates from accepted standards of medical practice, resulting in injury or harm to a patient.
- NegligenceThe failure to exercise reasonable care, resulting in damage or injury to another party.
- Occupational DiseaseA health condition or illness that develops due to workplace exposure to hazardous substances, environments, or activities over an extended period of time.
- Pain and SufferingNon-economic damages in personal injury cases, compensating for physical discomfort, emotional distress, and reduced quality of life resulting from an injury or accident.
- Personal InjuryLegal term for physical or psychological harm caused by another's negligence or intentional act, often resulting in a compensation claim.
- Premises liabilityLegal responsibility of property owners or occupiers for injuries or damages suffered by individuals on their property due to unsafe conditions or negligent maintenance
- Product LiabilityLegal responsibility of any manufacturer, distributor, and seller for damamges or injuries resulted by a defective or dangerous products they produce, distribute, or sell.
- Proximate CauseThe primary or most direct cause of an injury in a legal claim, which is sufficiently related to the harm to justify imposing liability.
- Punitive DamagesFinancial penalties awarded in addition to compensatory damages are designed to punish defendants for any egregious conduct and deter similar behavior in the future.
- Res Ipsa LoquiturA legal doctrine allows negligence to be inferred from the very nature of an accident or injury without direct evidence of negligence.
- SubrogationThe legal right of an insurer to recover claim-related costs from the party at fault after compensating their policyholder for a covered loss or injury.
- Toxic TortA legal claim for harm caused by an exposure to dangerous substance, often involving complex scientific evidence and affecting multiple individuals over extended periods.
- Work-Related InjuryAn injury or illness arising from and during employment entitles the employee to workers' compensation benefits regardless of fault.
- Workers’ CompensationA state-mandated insurance system provides medical benefits and wage replacement to employees injured during employment, regardless of fault.
- Wrongful deathA civil action against a party whose negligence or intentional act caused another person's death, allowing surviving family members to seek compensation for their loss.